Key Insight: Plaintiff’s failure to respond to discovery requests justified dismissal with prejudice and denial of motions for reconsideration.
Nature of Case: personal injury
Keywords: flagrant disregard, dismissal, compel discovery
Key Insight: Attorney on cc: line is not prima facie evidence email is not privileged
Nature of Case: Trademark Infringement
Electronic Data Involved: E-mail
Keywords: Privilege
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.
Nature of Case: Trade Secret
Electronic Data Involved: Documents in US, desired for foreign matter
Keywords: foreign proceeding.
Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations
Nature of Case: Civil Rights
Electronic Data Involved: Cell Phone/Text Messages
Keywords: text messages, phones, service provider, consent, ownership
Key Insight: temporal limitations on document discovery
Nature of Case: abatement and remediation of pollution
Electronic Data Involved: electronic records
Keywords: temporal scope, temporal limitations, relevant time period, work-product protection, 30(b)(6) notices
Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations
Nature of Case: Driver’s Privacy Protection Act violation
Electronic Data Involved: e-mails
Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”
Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required
Nature of Case: Negligence-car accident
Electronic Data Involved: Daily Driving Reports
Keywords: Preservation; Spoilation; Due Diligence
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